Michigan court upholds solar deals covering 563 acres in $330m project

A Michigan court has upheld a $330 million solar deal covering 563 acres of farmland owned by the Smallegan family, according to an online report by Fox17. The decision was made by Ottawa County Circuit Judge Jon Hulsing, who found that renewable energy developer RWE properly exercised lease options on the property. The land makes up about 30% of the proposed Silver Maple Solar project, which spans roughly 1,900 acres in Zeeland and Jamestown townships.

The agreements, signed in November 2020, granted RWE five years to study the land and exercise the options to lease it for solar development. The dispute centered around whether the five-year window provided by the agreements constituted a long-term commitment or merely allowed for a limited period of study. The court ruled that the contracts clearly permitted RWE to exercise the options during the five-year period.

RWE delivered the required notices to the Smallegans by FedEx on November 13, 2025, but the family argued they did not receive them. However, the court determined that the delivery was considered complete three days after the notices were sent, which placed the effective delivery date on November 16, 2025 - three days before the deadline.

With the agreements deemed valid, RWE now has exclusive rights to the contested acreage and can proceed with removing crops and taking other actions allowed under the contracts. The ruling does not allow construction to begin immediately, as the Michigan Public Service Commission must still approve the project. The Smallegan family may still appeal the decision, potentially prolonging the legal battle.

The court's decision removes a significant obstacle for the solar project, but highlights the ongoing tension between renewable energy development and the use of rural land for agriculture and other purposes.